Driver License Division - Driving Under the Influence (DUI)
If you were ARRESTED for DUI, what happens next (some or all may apply):
- your driver license was confiscated by the arresting officer and replaced with a citation that serves as a temporary license that expires in 29 days;
- your vehicle was more than likely impounded (click here to find out how to retrieve an impounded vehicle);
- you should request a hearing within 10 days and fax the form to the Driver License Division at 801.964.4499;
- you can seek legal counsel to represent you in your driver license hearing and also your court appearance; and
- your privilege to drive may be withdrawn on the 30th day after the date of arrest.
Suspension Times Vary:
The suspension periods for drivers under the age of 21 based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231. These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
If a driver is under the age of 19 at the time of arrest, the following suspension periods will be imposed for a first offense:
- Not-a-Drop arrest - 1 year suspension effective 30 days from arrest date
- Per-Se arrest - 2 year suspension effective 30 days from arrest date
If a driver is age 19 or 20 at the time of arrest, the following suspension periods will be imposed for a first offense:
- Not-a-Drop arrest - 6 month suspension effective 30 days from arrest date
- Per-Se arrest - 6 month suspension effective 30 days from arrest date
Changes will be made to suspension periods that have already been imposed for an arrest that occurred on or after July 1, 2009 to apply the suspension periods listed above retroactively. In addition, new letters will be sent once the records have been modified in order to notify individuals of their new eligibility dates for reinstatement of these suspension types.
If a driver is under age 21 at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age for a period of 2 years, whichever is longer, for a first offense, previously 18 months. This change will apply only to arrests that occur on or after July 1, 2011.
With this new law there were no changes made to the suspension periods for drivers age 21 or older. They remain the same:
If a driver is 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
- Per-Se arrest - 120 days
- Refuse to submit to a chemical test - 18 months
If a driver is 21 or older and has a second or subsequent arrests, the following suspension periods will be:
- Per-Se arrest - 2 years
- Refuse to submit to a chemical test - 36 months
Any person being convicted of a DUI violation will be interlock restricted:
- Driver age 21 or over at the time of arrest - 18 months
- Driver under 21 of age at the time of arrest- 3 years